(A) A mortgagee that initiated a foreclosure action against a property within the corporate limits of the City of Lockport prior to the effective date of Ordinance No. 20-010, or its agent, shall register each property as provided in this subchapter within fifteen (15) days from the effective date of Ordinance No. 20-010.
(B) After the effective date of this subchapter, within fifteen (15) days of the date any mortgagee files a foreclosure action, the mortgagee shall register the real property with the City Registry, and, at the time of registration, indicate whether the property is vacant, and if so shall designate in writing a property manager to maintain and secure the real property subject to the mortgage under a foreclosure action. A separate registration is required for each property under a foreclosure action.
(C) Initial registration pursuant to this section shall contain at a minimum the name of the mortgagee, the mailing address of the mortgagee, e-mail address, telephone number and name of the property manager and said person's address, e-mail address, and telephone number.
(D) At the time of initial registration each registrant shall pay a non-refundable semi-annual registration fee of $200.00 for each property. Subsequent non-refundable semi-annual renewal registrations of properties and fees in the amount of $200.00 are due within ten (10) days of the expiration of the previous registration.
(E) If the mortgage and/or servicing on a Registrable Property is sold or transferred, the new mortgagee is subject to all the terms of this subchapter. Within ten (10) days of the transfer, the new mortgagee shall register the property or update the existing registration. The previous mortgagee(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that mortgagee's involvement with the Registrable Property.
(F) If the mortgagee sells or transfers the Registrable Property in a non-arm's length transaction to a related entity or person, the transferee is subject to all the terms of this subchapter. Within ten (10) days of the transfer, the transferee shall register the property or update the existing registration. Any and all previous unpaid fees, fines, and penalties, regardless of who the mortgagee was at the time registration was required, including, but not limited to, unregistered periods during the foreclosure process, are the responsibility of the transferee and are due and payable with the updated registration. The previous mortgagee will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that mortgagee's involvement during the foreclosure proceeding of the property.
(G) If the Registrable Property is not registered, or the registration fee is not paid within thirty (30) days of when the registration or renewal is required pursuant to this section, a late fee equivalent to ten percent (10%) of the semi-annual registration fee shall be charged for every thirty-day period (30), or portion thereof, the property is not registered and shall be due and payable with the registration.
(H) This section shall also apply to properties that have been the subject of a foreclosure sale where title is transferred to the mortgagee as well as any properties transferred to the mortgagee under a deed in lieu of foreclosure or by any other legal means.
(I) Properties subject to this section shall remain subject to the semi-annual registration requirement, and the inspection, security, and maintenance standards of this section as long as the property remains Registrable Property.
(J) Failure of the mortgagee and/or property owner of record to properly register or to modify the registration to reflect a change of circumstances as required by this ordinance is a violation of this subchapter and shall be subject to enforcement by any of the enforcement means available to the city.
(K) If any property is in violation of this subchapter, the city may take the necessary action to ensure compliance with and/or place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to the property into compliance.
(L) If any property, subject to this section, is in violation of Chapter 135 "Public Nuisances", compliance with that chapter is expected in addition to the compliance of the provisions of this subchapter.
(Ord. 20-010, passed 5-6-20)